New disciplinary regulations from ACAS

As of April 6th 2009 the statutory dispute resolution procedures have been repealed and at the same time replaced by the new ACAS Code of Practice.

[ClickPress, Thu Apr 09 2009] The new Code of Practice is easier to understand but again leaves many areas unexplained. The new code requires employers to adhere to general rules and follow a series of steps when dealing with disciplinary issues. Tribunals will still have the ability to increase or decrease an award by up to 25% where an employee or employer unreasonably fails to follow the code.

The main differences between the new ACAS code and the old statutory dispute resolutions can be summarised as follows:

• It only covers disciplinary areas for misconduct and poor performance;
• There is no provision for instant dismissal, even for gross misconduct the procedures must be followed;
• It does not cover the end of a fixed term contract or redundancies;
• There is no need for a verbal warning so employers can act faster in issuing first written warnings;
• There is no more automatically unfair dismissal for failure to follow procedures;
• The maximum compensation award for unreasonable failure to comply with the new code is 25%;
• Grievance procedures remain the same;
• The need for employees to raise a grievance before making a tribunal claim has been removed so we may simply see claims being made earlier.

There are a number of grey areas which we will have to wait for case law to determine. However, many of the requirements remain the same in the new ACAS code such as the right to be accompanied, the need for issues to be raised promptly and for employers to carry out any necessary investigations.

Above all is the need to follow a fair process before dismissing an employee.

SCRSolutions Ltd can assist with this and will update your disciplinary and grievance policies for a limited offer of £70. Please contact us on 0845 8620 877 or email to admin@scrsolutions.co.uk

Overall we will have to wait and see if this new system works better in practice than the dispute resolution procedures but with an increasingly litigious workforce and an uncertain economic climate we may well be changing one set of rules for another.

SCRSolutions Ltd are hosting a live on-line webinar to highlight the essential areas of the Code of Practice and explain how it affects Employers and Managers. The seminar will cover:-

• Explanation of the new ACAS code of practice;
• How to manage performance and misconduct under the new regime;
• Dealing with grievances under the new regime;
• Essential elements of a fair disciplinary process;
• Summary of employee's rights when being disciplined;
• Guidance on how a disciplinary meeting should be run;
• Transitional arrangements for issues prior to 6 April 2009.


The webinar will be held live on Friday 24th April at 10.00am.

Participation is simple and anyone can access the seminar on-line. Once you have registered and paid a £15 fee via paypal, you will be sent your log-on details.

If you have any questions, please contact us on 0845 8620 877 or email to admin@scrsolutions.co.uk.